S.I. No. 390/1997:

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (TREATMENT BENEFIT) REGULATIONS, 1997

SOCIAL WELFARE (CONSOLIDATED PAYMENTS PROVISIONS) (AMENDMENT) (NO. 7) (TREATMENT BENEFIT) REGULATIONS, 1997

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 and 117 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 7) (Treatment Benefit) Regulations, 1997.

(2) These Regulations and the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997 shall be construed together as one and may be cited as the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 to 1997.

2. In these Regulations "the Principal Regulations" means the Social Welfare (Consolidated Payments Provisions) Regulations, 1994 ( S.I. No. 417 of 1994 ).

3. Chapter 9 of Part II (inserted by article 5 of the Social Welfare (Consolidated Payments Provisions) (Amendment) (No. 9) (Treatment Benefit) Regulations, 1996 ( S.I. No. 383 of 1996 )) of the Principal Regulations is hereby amended by -

( a ) the substitution in article 67A for the definition of "dependent spouse" of the following definition:

" 'dependent spouse' means

( a ) for the purposes of payment of benefit other than benefit under article 67R -

(i) a spouse who is a qualified adult as defined in section 2(2) and by article 6 of the Principal Regulations (as amended by article 3 of the Social Welfare (Consolidated Payment Provisions) (Amendment) Regulations, 1996 ( S.I. No. 95 of 1996 ) and section 28 of Social Welfare Act, 1997 (No. 10 of 1997), and

(ii) a spouse who is not a qualified adult as so defined in subparagraph (i) by virtue of being engaged in insurable employment and who immediately prior to taking up such employment was a dependent spouse entitled to treatment benefit under article 67F; and

(iii) a spouse who would be a qualified adult as so defined, but for the receipt by that spouse of an old age (non-contributory) pension under Chapter 4 of Part III or a carer's allowance under Chapter 10 of Part III in his own right, or

( b ) for the purpose of payment of benefit under article 67R -

(i) a spouse who is a qualified adult as defined in paragraph (a) (i),

(ii) a spouse who would be a qualified adult as so defined, but for the receipt by that spouse of a carer's allowance under Chapter 10 of Part III in his own right;",

( b ) the substitution for paragraph (b) of article 67C(l) of the following paragraph

"(b) for the purpose of the payment of dental benefit under article 67R he does not have an aggregate of reckonable income and reckonable earnings in excess of £35,000 in the last complete contribution year before the beginning of the benefit year in which the relevant date occurs, or in such subsequent period as a deciding officer or an appeals officer may consider appropriate.".

( c ) the substitution for sub-article 67F of the following article:

"67F(1). A dependent spouse shall be entitled to treatment benefit other than dental benefit under article 67R, where the contribution conditions specified in article 67D or 67E, as the case may be, are satisfied by his spouse's insurance.

(2) A dependent spouse shall be entitled to dental benefit under article 67R, where

( a ) the contribution conditions specified in articles 67D or 67E, as the case may be, are satisfied by his spouse's insurance, and

( b ) the spouse does not have an aggregate of reckonable income or reckonable earnings in excess of £70,000 in the last complete income tax year or in such subsequent period as a deciding officer or appeals officer may consider appropriate.

(3) Paragraph (b) of sub-article (2) shall not apply in the case of the dependent spouse of a person who has attained pensionable age.".

( d ) the substitution for article 67K of the following:

"Limitation on benefit for a claimant who is a member of the Defence Forces.

67K. Subject to article 67D, a claimant who is a person to whom article 87 of the Social Welfare (Consolidated Contributions and Insurability) Regulations 1996 (S.I. 312 of 1996) applies shall be entitled to medical appliance benefit under article 67T and dental benefit and optical benefit to the extent specified in articles 67Q and 67X and to no other benefit.".

and

( e ) the substitution in articles 67Q and 67X for "a claimant who is a member of the Defence Forces" of " a claimant who is a person to whom article 87 of Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 (S.I. 312 of 1996) applies" where it occurs.

GIVEN under the Official Seal of the Minister for Social, Community

and Family Affairs this 30th day of July, 1997

DERMOT AHERN

Minister for Social, Community

and Family Affairs.

EXPLANATORY NOTE

These Regulations extend entitlement to optical and medical Treatment Benefits by

-- abolishing income limit provisions,

-- providing for the retention of benefits where the spouse qualifies for Old Age Pension,

-- providing for the retention of benefits for spouses who take up employment with income in excess of £60 per week, until they establish entitlement on their own insurance, and

-- extending entitlement to medical appliance benefit to enlisted personnel of the Defence Forces paying reduced Pay Related Social Insurance.